Ordinance 2347MAE:jt
1/20/83
ORDINANCE NO. 2347
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING SECTION 5.17.090 OF THE
EDMONDS CITY CODE RELATING TO THE CRIME OF
UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS THEREBY
SETTING THE FINE FOR SUCH OFFENSE; AND ADDING A
NEW SUBSECTION (2) TO SECTION 5.45.020 (F) OF
THE EDMONDS CITY CODE RELATING TO PENALTIES.
WHEREAS, the Washington State Legislature amended
RCW 9A.56.060 by Chapter 138 Laws of 1982, providing for the
imposition of a minimum fine of $500 for every conviction of the
crime of unlawful issuance of checks or drafts and further
provided that $50 of that minimum fine cannot be suspended or
deferred upon a first conviction within a twelve month period,
and that none of the $500 fine shall be suspended or deferred for
any subsequent conviction during a twelve month period, and
WHEREAS, the City Council of the City of Edmonds finds
that it is in the best interest of the public safety and welfare
to adopt a penalty provision for unlawful issuance of checks or
drafts which is similar to State law, and
WHEREAS, the offense of Unlawful Issuance of Checks or
Drafts is currently defined by Section 5.17.090 (A) of the
Edmonds City Code to prohibit a person from writing a check for
services, merchandise or any other purpose when that person knows
that he or she does not have funds sufficient to make that check
good and, in fact, intends to defraud and deprive the person
receiving such check of valuable services and/or property, and
WHEREAS, the City Council does not intend to change the
substantive definition of this crime and, rather, intends to
modify the penalties to be imposed upon conviction of this crime,
and make other nonsubstantive, verbal refinements, now, therefore
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.17.090 of the Edmonds City Code is
hereby amended to read as follows:
5.17.090 UNLAWFUL ISSUANCE OF CHECKS OR DRAFTS
A. Any person who, with intent to defraud, makes,
draws, utters or delivers to another person any
check, draft or order for the payment of money
upon any bank or other depository, knowing at the
time of such drawing or delivery that he or she
has not sufficient funds in, or credit with, said
bank or depository to meet said check in full upon
its presentation, is guilty of unlawful issuance
of bank check. The word "credit" as used in this
section is construed to mean an arrangement or
understanding with the bank for the payment of
such check, draft or order.
B. A person who makes, draws, utters or delivers a
check, draft or order to another person, firm or
corporation without such fund, credit or against a
closed account may be inferred to have acted with
intent to defraud.
C. The unlawful issuance of checks or drafts is a
misdemeanor and shall be punished by a minimum
fine of five hundred dollars ($500) and/or impri-
sonment in jail for a term not to exceed 180 days;
provided, however, that fifty dollars ($50) of
such fine imposed shall not be suspended or
deferred. Upon conviction of a second offense
within any twelve month period, the court shall
not suspend or defer any portion of such minimum
fine.
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Section 2. A new subsection (2) is hereby added to
Section 5.45.020 (F) to read as follows:
2. Section 5.17.090, Unlawful Issuance of Checks or
Drafts.
Section 3. If any section, sentence, clause, phrase or
word of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause,
phrase or word of this ordinance.
Section 4. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRENEVVARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
`4
FILED WITH THE CITY CLERK: January 25, 1983
PASSED BY THE CITY COUNCIL: February 1, 1983
POSTED: February 2, 1983
EFFECTIVE DATE: February 7, 1983
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 2 day of February_► 19�3, affiant posted true and
correct copies of the attached Ordinance No. 2347► passed by the
City Council on the 1 day of February , 1983 at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 2 day of February , 1983.
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61
SUBSCRIBED AND SWORN to before me this day of
to Public in and for the
State of Washington, residing
at Fl2l-c—lvt'-'-'Z- -- / .